Pillars Nig. Ltd. V. Mrs. Hannah Desbordes & Ors (2009)

LawGlobal-Hub Lead Judgment Report

REGINA OBIAGELI NWODO, J.C.A.

By Writ of Summons and Statement of Clam dated 3rd of May 1993, the Respondents who were Plaintiffs in the High Court of Lagos State instituted an action against the Appellants who were Defendants in the lower court claiming the following reliefs:

“(a) A DECLARATION that the Defendant, having failed to erect and completely finish a dwelling house on Plot No.6, Sabiu Ajose Crescent, Surulere, Lagos as agreed in writing between the Defendant and the late Grant Desbordes on 24th October, 1977 are in fundamental breach of the said written Lease/Agreement dated 24th October, 1977.

(b) FORFEITURE by the Defendant of the said Lease/Agreement dated 24th October, 1977, by virtue of the said fundamental breach of Agreement.

(c) AN ORDER that the Plaintiffs immediately recovers possession of all that property known as Plot No.6, Sabiu Ajose Crescent, Surulere, and registered under Title No. M08834 at Lagos State Land Registry, Ikeja, Nigeria.”

Pleadings were filed and exchanged by the parties. In the course of proceedings, the Respondent sought and obtained leave of court on 6th of May 1997 to amend his Statement of Claim. Consequent upon which he filed an amended Statement of Claim on 7th April, 1997. The Appellant was equally granted leave to amend his Statement of Defence if necessary. He filed an Amended Statement of Defence on 20th of May 1997. The Respondent called one witness and the Appellant also called one witness. Learned counsels filed and exchanged written submissions. The Learned Trial Judge in its considered Judgment on 8th of December 2000 held (page 247 of the record):

“One must consider in the exercise of the courts discretion the general conduct of the Defendant. Since the filing of this suit, the defendant has-

(1) Raised objection to challenge the locus standi of the Plaintiffs.

(2) From the letter of the lessor – the Defendant has dealt so proudly with him, discountenanced all his correspondence.

(3) The Defendant denied him his rent and the man died ten years after signing without benefiting from the lease agreement, EXHIBIT D except for the 3 years rent paid in advance.

N 1.5 million as damages – their claim as the reason for claiming N 1.5m cannot be justified but their claim for forfeiture of the leasehold interest created by EXIDBIT B, succeeds. I also grant the declaration sought in paragraph 16 of the amended statement of claim. I therefore order the forfeiture of the lease and the possession of the property shall revert to the Plaintiffs forthwith. Cost of N20,000 is awarded to the Plaintiffs against the Defendant.”

The Appellant as Defendant dissatisfied with the said Judgment of the High Court appealed to this court vide a Notice and Grounds of Appeal dated and filed 17th March, 2006 upon 3 Grounds of Appeal.

In compliance with the Rules of this court, parties filed and exchanged briefs of argument. During the hearing of the Appeal on 19th February, 2009 Mr. C. E. Anenugwu adopted and relied on the Appellants Brief dated 25th May 2007 filed on 8th May, 2008 and the reply Brief filed on 3rd June, 2008. He urged the court to allow the appeal. Learned counsel to the Respondent J. O. Ighekpe adopted the Respondents brief dated and filed on 21st May, 2008. He referred the court to the Notice of Intention to rely on a preliminary objection filed by the Respondent which arguments in support can be found on page 4 of the Respondents Brief. He urged the court to dismiss the appeal of the Appellant.

Briefly the facts are as follows: Mr. Grant Desbordes (deceased) was the holder of title to the piece of land situate at Plot 6, Sabiu Ajose Crescent, Surulere, Lagos, to wit, under title No. 8834 at Lagos Land Registry Ikeja.